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according to the family and medical leave act (FMLA).
Emplyeemust provide 30 days advance notice of the need to take FMLA leave
when the need is foreseeable. When 30 days notice is not possible, the employee must
provide notice as soon as practicable and generally must comply with an employer’s
normal call-in procedures. Employees must provide sufficient information for the
employer to determine if the leave may qualify for FMLA protection and the anticipated
timing and duration of the leave. Sufficient information may include that the employee is
unable to perform job functions, the family member is unable to perform daily activities,
the need for hospitalization or continuing treatment by a health care provider, or
circumstances supporting the need for military family leave. Employees also must inform
the employer if the requested leave is for a reason for which FMLA leave was previously
taken or certified. Employees also may be required to provide a ertification and
periodic recertification supporting the need for leave.
Responsibilities includes....
Covered employers must inform employees requesting leave whether they are eligible
under FMLA. If they are, the notice must specify any additional information required
as well as the employees’ rights and responsibilities. If they are not eligible, the
employer must provide a reason for the ineligibility.Covered employers must inform
employees if leave will be designated as FMLA-protected and the amount of leave
counted against the employee’s leave entitlement. If the employer determines that
the leave is not FMLA- rotected, the employer must notify the employee.
Unlawful Act by Employers.
FMLA makes it unlawful for any employer to:
1)- Interfere with, restrain, or deny the exercise of any right provided under FMLA;
2)- Discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.
Enforcement.
An employee may file a complaint with the U.S. Department of Labor or may bring
a private lawsuit against an employer.FMLA does not affect any Federal or State law
prohibiting discrimination, or supersede any State or local law or collective
bargaining agreement which provides greater family or medical leave rights.